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The Applicant applied twice for the position of Director of Investigations, Office of Internal Oversight Services (¡°OIOS¡±) (¡°the Post¡±) at the D-2 level. The Post was first advertised in a vacancy announcement in 2008 and again in 2009. A selection panel set up by OIOS recommended him as the only qualified candidate for the Post in each instance. Neither of these recommendations was approved by the Special Review Group (¡°SRG¡±) and, as a result, no appointment was made to the Post. A third vacancy announcement was issued, for which the Applicant did not apply. The Applicant submits that he...

The Applicant was engaged in an unauthorized outside activity. The Applicant¡¯s unauthorized outside activity whilst providing her personal financial gain, did not result in an actual conflict of interest as defined by the applicable rule. The investigators had an obligation, in accordance with the universal principles of natural justice, to inform the Applicant of her right to the assistance of Counsel during investigations. The doctrine of proportionality is applicable in this case to reduce the Applicant¡¯s summary dismissal to a written censure in line with the Secretary- General¡¯s practice...

The Ä¢¹½ÊÓƵDT found that the Applicant¡¯s service should be deemed uninterrupted and continuous on a 100 series fixed-term contract. The Ä¢¹½ÊÓƵDT found that the Applicant did not suffer any loss with respect to the delay of her family leave, but that she should be awarded USD1,200 as compensation for not receiving her home leave entitlement in December 2009. The Ä¢¹½ÊÓƵDT rejected the Applicant¡¯s claims of emotional distress as unproven. The Ä¢¹½ÊÓƵDT also found that the Applicant satisfied the eligibility criteria for consideration for conversion to a permanent appointment and should have been considered for it...

Obligation to consult the staff member affected by a decision to discontinue his/her post: In view of the importance, for the staff member concerned, of the decision to discontinue his/her post, the Tribunal strictly interprets the procedural obligation to consult the affected staff member.

Compensation: For an administrative decision to give rise to compensation, the Tribunal must first determine that such decision is unlawful. Right to work: Staff members not only have a duty but also a right to do the work for which they have been recruited.

Renewal of fixed-term appointments: A decision to extend the fixed-term appointment of a staff member for a short period of time contains in fact two decisions, on the hand a decision to extend, on the other, a decision to set a date beyond which the staff member¡¯s appointment will not be extended. Receivability of application against a renewal decision: It follows from staff rule 4.13(c) that when the fixed-term appointment of a staff member expires, that staff member has no right to renewal. Accordingly, a decision to extend a fixed-term appointment, even for a short period of time, is not a...

Obligation to take action under ST/SGB/2008/5: The Administration¡¯s obligation to take prompt and concrete action under section 5.3 of ST/SGB/2008/5 is not limited to formal complaints or reports but also extends to ¡°allegations¡± of prohibited conduct. Scope of application of ST/SGB/2008/5: Comments made in the context of a staff member¡¯s performance appraisal could in some circumstances fall under ST/SGB/2008/5. For example, harsh criticism unsupported by examples or the use of offensive language could constitute improper conduct that might reasonably be expected or be perceived to cause...

The Tribunal finds that the Salary case was never properly before the Tribunal and is not receivable. It is within the discretionary authority of the Secretary-General to reconsider whether the existence of an injury is attributable to the performance of official duties. In this case, the Secretary-General has refused to exercise that discretion. The Applicant¡¯s claims in as far as they rely on art. 11 of Appendix D to the Staff Rules are therefore not receivable. With respect to all of the Applicant¡¯s other claims including her claim for DSA and air ticket for her daughter¡¯s travel in 2002...

Challenging the valididty of a medical certificate: When a staff member submits a medical certificate to justify his or her absence or the failure to fulfill a professional obligation, and where the Administration questions the validity of the medical certificate, it must have the staff member examined by the Organization¡¯s medical service or, in the event of further dispute, by a medical commission.Outcome: Judgment in favour of applicant in full (both financial compensation and rescission ordered)

A review of other similar cases revealed that only one other staff member was separated for illegal possession/use of drugs, and that was a far more serious case. The sanction in the present case was disproportionate in the light of the comparators. Ä¢¹½ÊÓƵDT endorsed Sow. Equality of treatment in the workplace is a core principle which must be applied by the Secretary-General when imposing disciplinary sanctions.